(a) 
Interpretation.
In the interpretation and application of the provisions of this article, it is the intention of the city that the principles, standards, and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the city and in its extraterritorial jurisdiction; and, where other ordinances of the city are more restrictive in their requirements such other ordinances shall control.
(b) 
Authorization.
The procedure and standards for the development, layout, and design of subdivisions of land within the corporate limits and within the extraterritorial jurisdiction of the city are authorized by V.T.C.A., Local Government Code, chapter 42 and V.T.C.A., Local Government Code, chapter 212. The extraterritorial jurisdiction of the city is now one-half (1/2) mile from the corporate limits. The requirements of this article shall be extended into any and all areas of extraterritorial jurisdiction as may now or hereafter exist.
(c) 
Subdivision defined.
The term “subdivision” shall be interpreted to mean the division of a parcel of land into two (2) or more lots or tracts for the purpose of transfer of ownership; the dedication of streets, alleys, or easements; or for use for building development; provided, that a division of land for agricultural purposes into lots or tracts of five (5) acres or more, and not involving a new street or alley shall not be deemed to be a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. The terms “subdivider” and “developer” are synonymous and are used interchangeably and shall include any person, partnership, firm, association, corporation, and/or any officer, agent, employee, servant, and trustee thereof who does or participates in the doing of, any act towards the subdivision of land within the intent, scope, and purview of this article.
(d) 
Subdivisions to be approved by city council.
All property not subdivided into lots, blocks, and streets within the city shall hereafter be laid out under the direction of the city council, and no other subdivision will be recognized by the city. Prior to the consideration of the plat by the city council, the city administrator will check the plat for compliance with these regulations and in consultation with the city engineer, make recommendations to the city council.
(e) 
Plat required.
It shall be unlawful for any owner or agent of any owner, to lay out, subdivide, or plat any land into lots, blocks, and streets within the city which has not been laid off, subdivided, and platted according to these regulations.
(f) 
City not to perform work unless requirements are met.
No officer or employee of the city shall perform or cause to perform, any work upon any street or in any addition or subdivision of the city, unless all requirements of these regulations have been complied with by the owner of said addition or subdivision.
(g) 
City to withhold improvements until plat approved.
The city hereby defines its policy to be that the city will withhold improvements of any nature whatsoever including water service and maintenance of streets until the final subdivision plat has been approved by the city council. No improvements shall be begun within the subdivision nor any contracts made until this final plat approval has been given.
(h) 
Approval of final plat required prior to permits.
No building, plumbing, or electrical permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full.
(i) 
Prior buildings and plats not affected.
The provisions of this article shall not be construed to prohibit the issuance of permits for any lots upon which a residence building exists and was in existence prior to adoption of these regulations, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to, or abutting any lot, the last recorded conveyance of which prior to adoption of these regulations was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the adoption of these regulations.
(j) 
Plats under review at time of adoption of this article.
Plats or subdivisions which have received preliminary approval by the city council within one (1) year prior to the effective date of these regulations shall be excepted from the requirements of this article; provided, that the final plat of such subdivision is approved and filed for record within one hundred eighty (180) days after the effective date of these regulations, or within one (1) year after the approval date of the preliminary plat, whichever is greater.
(1987 Code, ch. 8, sec. 1)
(a) 
Authorized.
The city council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the city council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the city council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivisions, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare. No variance shall be granted unless the city council finds all of the following:
(1) 
There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.
(2) 
The variance is necessary for the preservation and enjoyment of a substantial property right of his land.
(3) 
The granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area.
(4) 
The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this article.
(b) 
Finding and granting.
Such finding of the city council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the city council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(1987 Code, ch. 8, sec. 2)
Prior to the filing of a preliminary plat, the subdivider shall meet with the city administrator or other official designated by the city council to familiarize himself with the city’s development regulations. At the preliminary conference, the subdivider may be represented by his land planner, engineer, or surveyor.
(1987 Code, ch. 8, sec. 3)
(a) 
Preparation of preliminary plat.
The subdivider shall cause to be prepared a preliminary plat by a registered professional engineer in accordance with this section.
(b) 
Subdivider to file four copies of preliminary plat.
The subdivider shall file four (4) copies of the preliminary plat with the city secretary at least fourteen (14) days prior to the date at which formal application for the preliminary plat approval is made to the city council. The city administrator shall provide for review of the plat by appropriate officials in accordance with procedures established by the city council.
(c) 
Filing and review fees.
Such plat shall be accompanied by a filing fee in the amount adopted by the city council.
(d) 
Formal application.
Formal application for preliminary plat approval shall be made by the subdivider in writing to the city council at an official meeting, not less than fourteen (14) days after filing the preliminary plat with the city secretary.
(e) 
Preliminary plat valid for six (6) months.
Approval of the preliminary plat, if granted, shall be binding for not longer than six (6) months after the date of approval of the preliminary plat unless the final plat has been approved and recorded within the six (6) month period.
(f) 
Preliminary plat standards.
The preliminary plat shall be drawn to a scale of one hundred feet (100') to one inch (1"), and shall show on it or on accompanying documents, the following:
(1) 
The proposed name of the subdivisions.
(2) 
North point, scale, and date.
(3) 
The names and addresses of the subdivider and of the subdivider’s engineer.
(4) 
The tract designation, approximate acreage, and other description according to the real estate records of Falls County, and designation of the proposed uses of land and proposed deed restrictions within the subdivision.
(5) 
The boundary line (accurate in scale) of the tract to be subdivided.
(6) 
Contours with intervals of five feet (5') or less, referred to sea level datum.
(7) 
The names of adjacent subdivisions or the names of record owners of the adjoining parcels of unsubdivided land.
(8) 
The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, and other important features, such as section lines, political subdivisions, or corporate lines.
(9) 
All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision. Building setback lines shall also be shown.
(10) 
A topography and drainage map of plat. Also incoming drainage rational formula showing frequency, concentration time and runoff factor and quantity.
(11) 
The layout and widths of proposed streets, alleys, and easements, including lot and block identification and street names.
(12) 
The location, size, and approximate depth of all existing utilities shall be shown.
(13) 
The proposed plan for location and size of utility lines and fire hydrants to be constructed in the subdivision.
(14) 
The following certificate shall be placed on the preliminary plat:
APPROVED FOR PREPARATION OF FINAL PLAT SUBJECT TO CONDITIONS ENUMERATED IN ROSEBUD CITY COUNCIL MINUTES OF THIS DATE
__________
Date
__________
Mayor
(g) 
Conditional approval.
The conditional approval of the preliminary plat by the city council does not constitute in any manner the acceptance of the subdivision nor the improvements placed therein, but is merely an authorization to proceed with the preparation of the final plat. The action of the city council shall be noted on two (2) copies of the preliminary plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the developer and the other copy retained as a permanent record of the city.
(h) 
No construction work to begin prior to approval of final plat.
No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat by the city council.
(i) 
City council to act within thirty days.
Within thirty (30) days after the preliminary plat is formally filed, the city council shall conditionally approve or disapprove such plat or conditionally approve it with modifications.
(1987 Code, ch. 8, sec. 4; Ordinance adopting 2018 Code)
(a) 
Final plat to be filed.
Four (4) copies and one (1) reproducible copy of the final plat shall be submitted by the subdivider only after all changes and alterations shown on the preliminary plat have been made. Final plats shall be filed with the city administrator at least fourteen (14) days prior to the city council meeting at which approval is requested. The city administrator shall provide for review of the final plat by appropriate officials in accordance with procedures established by the city council.
(b) 
Filing fee.
Such plat shall be accompanied by a filing fee in the amount adopted by the city council. No action by the city council shall be valid until the filing fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for final plat approval or should the plat be disapproved.
(c) 
Formal application.
Formal application for final plat approval shall be made by the subdivider in writing to the city council at an official meeting, not less than fourteen (14) days after filing the final plat with the city secretary.
(d) 
Final plat standards.
The final plat shall be drawn to a scale of one hundred feet (100') to one inch (1") and shall, in addition to all requirements for the preliminary plat, show on it or be accompanied by the following:
(1) 
The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance, and length of all curves where appropriate.
(2) 
The exact location, dimensions, description and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision with accurate dimensions, bearing or deflecting angles with radii, area, and central angles, degree of curvature, tangent distance, and length of all curves where appropriate.
(3) 
The accurate location, material, and approximate size of all monuments.
(4) 
Plans and specifications for water, sewer, paving, and drainage improvements proposed for the subdivision.
(5) 
All deed restrictions that are to be filed with the plat shall be shown on or filed separately with the plat.
(6) 
Statement that all taxes have been paid up to current date and for all previous years.
(7) 
Two (2) copies of final plat showing a plan and profile of proposed sanitary and storm sewers, with grades and pipe sizes indicated.
(8) 
Two (2) copies of final plat showing a plan of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants.
(9) 
Two (2) sets of plans and specifications for paving and drainage.
(10) 
Owner’s acknowledgment of the dedication to public use of all streets, alleys, parks, and other public places shown on such final plat.
(11) 
A certification by the engineer, responsible for the preparation of the final plat and supporting data, attesting to its accuracy.
(12) 
A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
(13) 
The following certificate shall be placed on the final plat:
THE CITY COUNCIL OF ROSEBUD, TEXAS ON __________, 20_____, VOTED AFFIRMATIVELY TO ADOPT THIS PLAT AND APPROVE IT FOR FILING OF RECORD
__________
Date
__________
Mayor
(e) 
Approval of portion of final plat.
If desired by the subdivider and approved by the city council, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop. However, such portion shall conform to all the requirements of this article.
(f) 
City council to act within thirty days.
Within thirty (30) days after the final plat is formally filed, the city council shall approve or disapprove such plat. If the final plat is disapproved, the city council shall inform the subdivider in writing of the reasons such action is taken.
(g) 
Construction and recording of final plat.
After the final plat has been finally approved and the subdivider has constructed all the required improvements and such improvements have been approved, and a maintenance bond filed as hereinafter provided, or after the plat has been finally approved and the subdivider has filed an escrow deposit sufficient to pay for the costs of all improvements as determined by the city in lieu of completing construction, the city secretary shall upon written consent of the subdivider cause the final plat to be recorded with the county clerk of Falls County. The recordation fee shall be paid by the subdivider. The subdivider shall notify the city administrator in writing prior to commencement of construction and upon completion of construction. The subdivider shall provide inspection service through his engineer to insure that construction is being accomplished in accordance with plans and specifications approved by the city.
(1987 Code, ch. 8, sec. 5; Ordinance adopting 2018 Code)
(a) 
Resubdivision of previously platted property.
Property shall not be resubdivided which has been previously platted by a common dedication except with the consent of all directly affected property owners.
(b) 
Replat to meet requirements.
The replat of the subdivision shall meet all the requirements for a new subdivision that may be pertinent, as provided herein. It shall show the existing property being resubdivided. No preliminary plat will be required on replats.
(c) 
Consent of utility companies.
The consent of all utility companies that provide service to the area being resubdivided must be obtained.
(d) 
Notification requirement for certain replats.
(1) 
A replat without vacation of the preceding plat must conform to the requirements of this section if:
(A) 
During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or
(B) 
Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.
(2) 
Notice of the hearing required under section 212.014 of the Local Government Code shall be given before the 15th day before the date of the hearing by:
(A) 
Publication in an official newspaper or a newspaper of general circulation in the county in which the city is located; and
(B) 
By written notice, with a copy of subsection (3) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the city.
(3) 
If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the city planning commission or governing body, or both, prior to the close of the public hearing.
(4) 
In computing the percentage of land area under subsection (3), the area of streets and alleys shall be included.
(5) 
Compliance with subsections (3) and (4) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(1987 Code, ch. 8, sec. 6; Ordinance adopting 2018 Code)
Upon completion of all improvements in accordance with city specifications and standards, and their acceptance by the city, the developer or his contractor shall furnish the city with a maintenance bond executed by a corporate surety holding a permit from the State of Texas to act as surety or other surety acceptable to the city. The amount shall equal ten percent (10%) of the contract cost of all improvements and shall be in effect one (1) year from date of completion and acceptance by the city.
(1987 Code, ch. 8, sec. 7)
If a proposed subdivision is located beyond the drainage area of an approved sewage collection system or beyond the service area of an approved water distribution system the subdivider shall be required to furnish, with his preliminary plat, satisfactory evidence, including (but without limitation) the results of soil tests and borings, and statements from local and state health authorities, water engineers, and other proper officials, that water satisfactory for human consumption may be obtained from surface or subsurface water sources on the land and that soil conditions are such that satisfactory sewage disposal can be provided by the use of approved septic tanks or developer installed sewage treatment systems. Construction of private utilities shall be in accordance with Texas Commission on Environmental Quality standards.
(1987 Code, ch. 8, sec. 8)
(a) 
General standards.
(1) 
Each lot shall front upon a public street and provide for a minimum lot size of six thousand (6,000) square feet.
(2) 
Survey monuments shall be placed at all corners of boundary lines of a subdivision.
(3) 
The city shall specify any areas required for the allocation of parks and other public spaces that are essential to the proper development of the area.
(4) 
All services for utilities shall be made available for each lot in such a manner that it will not be necessary to disturb any curb, gutter, street pavement, or drainage structures when connections are made.
(5) 
The developer shall furnish the city with one (1) set of “as built” plans for all paving, drainage structures, water mains, and sewer mains within sixty (60) days after completion of construction.
(6) 
Block lengths and widths shall be provided at such intervals as to best serve traffic adequately and to meet existing streets, or to comply with customary subdivision practices.
(7) 
All utility lines that pass under a street or alley shall be installed before the street or alley is paved.
(b) 
Streets.
(1) 
All streets shall have a minimum right-of-way width of fifty (50) feet.
(2) 
Existing streets in adjoining areas shall be continued, and shall be at least as wide as such existing streets and in alignment therewith.
(3) 
Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions for the proper projection of streets into such unsubdivided areas.
(4) 
Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.
(5) 
Half streets shall be prohibited.
(6) 
Street intersections shall be as nearly at right angles as practicable.
(7) 
Dead-end streets shall be prohibited except as short stubs to permit future expansion.
(8) 
Cul-de-sacs shall not exceed four hundred (400) feet in length, and shall have a minimum of right-of-way radius of fifty (50) feet.
(9) 
Curbs shall be installed by the subdivider on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision.
(10) 
Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.
(11) 
Streetlights shall be installed by the subdivider at all street intersections and at all adjacent intersections.
(12) 
Street name signs shall be installed by the city at the developer’s expense at all intersections within or abutting the subdivision.
(13) 
All street improvements shall be in accordance with the standard specifications and construction details of the city.
(14) 
All street improvements will be accomplished at the expense of and by the developer.
(c) 
Alleys.
Alleys shall have a minimum width of fifteen (15) feet. Dead-end alleys shall be avoided. Alleys shall be constructed in accordance with standard specifications and construction details of the city.
(d) 
Utility easements.
Easements at least fifteen (15) feet in width shall be provided wherever necessary for utilities.
(e) 
Sidewalks.
Sidewalks, when required, shall be concrete and have a width of not less than four (4) feet and thickness of not less than four (4) inches. Sidewalks shall be constructed one (1) foot from the property line within the street right-of-way.
(f) 
Parking area.
Adequate off-street paved parking areas shall be provided for lots set aside or planned for business uses.
(g) 
Lot markers.
Lot markers shall be one-half (1/2) inch reinforcing bar, eighteen (18) inches long, or approved equal, and shall be placed at all lot corners flush with the ground, or countersunk if necessary, in order to avoid being disturbed.
(h) 
Drainage installations.
(1) 
An adequate storm sewer system consisting of inlets, pipes, and other underground and above-ground drainage structures with approved outlets shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. The subdivider shall submit data and plans for drainage facilities as directed by the city and under policies for storm drainage installation for the city.
(2) 
Underground storm drains shall be designed to accommodate a five-year frequency storm with adequate overload relief for a twenty-five (25) year storm. Design of all bridges, culverts, and open channels are to be based on a twenty-five (25) year frequency.
(3) 
All drainage improvements shall be constructed at developer’s expense.
(i) 
Public water system.
(1) 
Water system extensions shall be designed to provide for a domestic supply of at least two hundred fifty (250) gallons per capita per day, delivered at a minimum pressure of forty-two (42) pounds per square inch.
(2) 
All mains installed within a subdivision must be as large as those to which connected and must extend to the borders of the subdivision, as required for future extensions of the system, regardless of whether or not such extensions are required for service within the subdivisions.
(3) 
Fire hydrants shall be provided at locations such that all areas of development are located within a five hundred (500) foot radius from a fire hydrant and served by a six (6) inch or larger main.
(4) 
No more than thirty (30) three-fourths (3/4) inch service connections shall be served from any four (4) inch main.
(5) 
Two (2) inch mains shall only be permitted in dead-end locations not subject to future extensions and shall serve no more than six (6) three-fourths (3/4) inch service connections.
(6) 
All water system extensions shall be constructed in accordance with the standard specifications and construction details of the city.
(7) 
All water system installations shall be constructed at developer’s expense unless oversizing of mains is required by the city and the city agrees to participate in the cost of oversizing. The developer shall be responsible for making any arrangements with contiguous property owners for pro rata share in the cost by the developer.
(j) 
Public sewer system.
(1) 
No sewer lateral shall be smaller than six (6) inches in diameter and must be as large as that to which connected. All sewers shall be designed with hydraulic slopes sufficient to give mean velocities when flowing full or half full of not less than two (2) feet per second, nor more than five (5) feet per second. Manholes shall be constructed at all changes in grade, alignment or size of sewer, and at all intersections of other sewers, except service sewers.
(2) 
All sewer mains installed within a subdivision must extend to the borders of the subdivision, as required for future extensions of the collection system, regardless of whether or not such extensions are required for service within the subdivision.
(3) 
All sewer system installations shall be constructed according to city design standards.
(4) 
All sewer system installations shall be constructed at developer’s expense.
(1987 Code, ch. 8, sec. 9)
Neither the city nor any authorized agent acting under the terms of this article shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this article.
(1987 Code, ch. 8, sec. 10)
Whenever the standards and specifications in this article conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
(1987 Code, ch. 8, sec. 11)